Civil Partnership (Scotland) Act 2020

2 Recognition of overseas different sex relationships S

(1) The Civil Partnership Act 2004 is amended as follows.

(2) In section 212 (meaning of “overseas relationship”), subsection (1)(b)(i) is repealed.

(3) In section 213 (specified relationships)—

(a) in subsection (1), for “by Schedule 20” substitute—

“(a) in the case of a relationship registered by two people who under the relevant law are of the same sex when the relationship is registered, by Part 1 of Schedule 20,

(b) in the case of a relationship registered by two people who under the relevant law are not of the same sex when the relationship is registered, by Part 2 of Schedule 20”,

(b) in subsection (2), after “amend” insert “ Part 1 of ”,

(c) in subsection (3), after “this section” insert “ amending Part 1 of Schedule 20 ”,

(d) in subsection (5), after “amending” insert “ Part 1 of ”,

(e) in subsection (6), after “this section” insert “ amending Part 1 of Schedule 20 ”,

(f) after subsection (6) insert—

“(7) The Scottish Ministers may by regulations amend Part 2 of Schedule 20 by—

(a) adding a relationship,

(b) amending the description of a relationship,

(c) omitting a relationship.

(8) Regulations under subsection (7)—

(a) amending the description of a relationship or omitting a relationship, are subject to the affirmative procedure,

(b) adding a relationship, are subject to the negative procedure.”.

(4) In section 215 (overseas relationship treated as civil partnerships: the general rule)—

(a) in subsection (2), for “subsection (3)” substitute “ subsections (3) and (3A) ”,

(b) after subsection (3) insert—

“(3A) In its application to an overseas relationship between persons of different sexes entered into before this subsection comes into force, subsection (2) is subject to—

(a) any provision to the contrary made by or under any enactment,

(b) regulations under subsection (3B).

(3B) The Scottish Ministers may by regulations provide for subsection (2)—

(a) to have effect subject to provision made by the regulations, or

(b) not to apply in cases specified in the regulations.

(3C) Regulations under subsection (3B)—

(a) may include consequential, supplementary, incidental, transitional, transitory or saving provision,

(b) are subject to the negative procedure.”,

(c) in subsection (6), the word “216,” is repealed.

(5) Section 216 (the same sex requirement) is repealed.

(6) In schedule 20 (meaning of overseas relationship: specified relationships)—

(a) the existing text becomes Part 1,

(b) in that Part, in paragraph 1, for “section 213” substitute “ section 213(1)(a) ”,

(c) after that Part insert as Part 2 the text in schedule 1 of this Act.

Commencement Information

I1 S. 2 in force at 1.2.2021 for specified purposes by S.S.I. 2020/414, reg. 2(1)(a)(2)

I2 S. 2 in force at 1.6.2021 in so far as not already in force by S.S.I. 2021/23, reg. 2, sch. (with reg. 3)

I3 S. 2(1)(3)(f)(4)(b) in force at 18.1.2021 for specified purposes by S.S.I. 2020/457, reg. 2(a)